Florida Teen Charged With Misdemeanor Battery after Shooting X-Box With Water Gun

Giovanna Borge A 19-year-old Port St. Lucie, Fla., was arrested after she squirted her boyfriend with a water pistol while he was playing an Xbox video game quietly in his bedroom. Three witnesses told police that Borge was angry when she squirted her boyfriend, who retaliated by pouring water over her and hitting her with a pillow. Borge was charged with misdemeanor battery for being the “primary aggressor” with the water pistol.

Jacksonville juvenile cases can be quite difficult to deal with, and as this case in particular shows, juvenile cases can be quite interesting. Borge was carrying a plastic water pistol, which witnesses claimed felt threatening. The witnesses did not act with reason when speaking to police, and as a result of her actions in front of those witnesses, she is now facing misdemeanor battery charges.

Jacksonville police actions have been scrutinized for many years, and for good reason. Many people from Jacksonville have had run-ins with the police that could have ended very differently, had the actions of that officer or set of officers been more thought out.

Assault is defined as an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent. Assault is a second degree misdemeanor, which has a maximum penalty of 60 days in jail and a $500 fine.

In many situations, the victim of a crime may be charged with a crime because of an act or set of acts leading to their being harmed by the person who battered them. In cases like these, sometimes teenage conduct rises to the level of an assault, such as cases like and in others, there is simply no evidence of an assault.

Battery is defined as when a person “intentionally touches or strikes another person, without that person’s consent or intentionally causes bodily harm to another person.” In this case, the most that Borge should have been charged with was misdemeanor property damage, and even then, her experienced attorney would be able to plead the defense of co-ownership.

Many law enforcement officials, when considering facts similar to Borge’s unfortunate case, will say, like the Jacksonville police chief has said in the past, the police responded in the proper manner. However, police do not often consider without a superior suggesting it, that alternative methods of subduing suspects could and should be used, as well as whether the witness testimony alone is enough to charge.

Many gun cases are similar to Borge’s, especially in regards to plastic toy pistols that when spray painted properly, look like working firearms. Most tend to be cases where the accused was not given time to put down the weapon, the police thought that the accused was acting in a way that seemed threatening, or the police felt that the problem of the accused needed to be dealt with more aggressively. Whatever the case, the accused in these cases tends to suffer at the hands of the police rather than the hands of the judicial system.

The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.

Additional Source: Florida cracks down on guns — squirt guns, that is, Star Tribune

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